1-MIDA Mountain Village Public Infrastructure District - RFP for Snow Removal Services.pdf

MIDA Mountain Village Public Infrastructure District

Request for Proposals for Snow Removal Services

RFP Schedule

Event Description Date and Time

Questions Due July 17, 2026 at 5:00 pm (MDT)

Proposal Submission Deadline July 27, 2026 at 5:00 pm (MDT)

Evaluation and Selection (Estimated) August 3, 2026

Table of Contents Section 1: Introduction

Section 2: Service Area

Section 3: Scope of Work

3.1. Overview and Snow Removal Standards

3.2. Snow Removal Services

3.2.1. General Responsibilities

3.2.2. Anti-Icing Operations

3.2.3. Snow Plowing Operations

3.2.4. Priority of Routes

3.2.5. Snow Storage and Snow Hauling

3.2.6. Emergency Response

3.2.7. Reporting Requirements

3.3. Bonding Requirements

Section 4: Proposal Requirements

4.1. Technical Proposal Requirements

4.2. Cost Proposal Requirements

4.2.1. Firm Pricing and Negotiation

Section 5: Solicitation Period and Submission Instructions

5.1. Question and Answer Period

5.2. Addenda

5.3. Proposal Submission Instructions

Section 6: Evaluation, Scoring, and Award

6.1. Evaluation Criteria

6.2. Technical Proposal Scoring

6.3. Cost Proposal Scoring

6.4. Award and Notice

Section 7: Other Information

7.1. Cost of Proposals

7.2. Protest Procedures

7.3. Reservation of Rights

7.4. Examination of Proposal Documents

7.5. Written Agreement Required and Proposed Alterations

Attachment A: Map of Service Area

Attachment B: Terms and Conditions

Section 1: Introduction

The MMV PID Mountain Village Public Infrastructure District (“MMV PID”), a subsidiary of the Military Installation Development Authority (“MIDA”) and a governmental entity of the State of Utah, is soliciting proposals for Snow Removal Services which includes approximately eleven (11) lane miles of streets located in the vicinity of the Deer Valley East Village Ski Resort. Refer to Attachment A for a map of the service area and the routes to maintain (“Service Area”).

This Request for Proposals (“RFP”) outlines the scope of work, proposal requirements, submission instructions, and evaluation criteria for proposal preparation. The MMV PID intends to enter into an agreement with the selected contractor (“Contractor”) to commence work prior to the 2026 snow season.

Section 2: Service Area

Service Area: Deer Valley East Ski Resort, Wasatch Count, Utah (refer to Attachment A for a map.

Street Length: Approximately eleven (11) lane miles

Site Conditions: The project area has roads with steep slopes, sharp turns, and bridges. Snow can be plowed to the sides of the road as long as driveways’ ingress and egress is not inhibited. If this option is not possible, loading and hauling of snow will be required.

Estimated Snow Season: October 1 – April 30

Duration of Contract: Up to Four (4) years

Objective: Clear and remove snow from the public rights-of-way.

Section 3: Scope of Work

3.1. Overview and Snow Removal Standards

The MMV PID encompasses a mountainous area with roadways that are narrow and steep with sharp curves and several bridges. It also includes a village “core” area where the streets are lined with hotels and commercial establishments. The public health, welfare and safety of the residents, patrons, and visitors to the MMV PID is of the utmost importance.

When weather forecasts indicate the probability of a storm, the Contractor shall apply a liquid deicer to prevent precipitation from freezing. Snowplows and snow removal equipment will be dispatched for all storms that have the potential of producing snow depths of one (1) inch per hour or greater. Emergency snow equipment will be dispatched to handle slick and icy areas which occur between storm events.

Timing of a storm will determine when crews prioritize their cleanup. During high commuting times, particularly those times when the Deer Valley East Village Ski Resort lifts begin and end operation, crews will make every effort to keep major streets clear of snow and ice. Residential and side streets will be cleared as soon as possible. Top priority will be given to heavily traveled roads and bus routes to ensure everyone's safety. Such top priority roads may be designated by the MMV PID. Snow that falls on these roads often becomes packed by cars, making it more difficult to remove. During evening and early morning storms, crews should have ample time to prepare the roads for the commuting hours.

Plows will continue to clean, treat, and widen roadway paths until reasonable safe conditions are met.

An emergency, on-call snowplow with salter shall be ready and mobilized to the site within thirty (30) minutes from callout by emergency services or MMV PID to plow/salt icy and slick areas located within the service area.

3.2. Snow Removal Services

The Contractor shall provide all labor, supervision, equipment, materials, fuel, maintenance, communications, and incidentals necessary to maintain safe roadway conditions within the MMV PID Service Area throughout the contract term in accordance with the standards outlined in Section 3.1. The Service Area consists of approximately eleven

(11) lane miles of public roadway located within the MMV PID, including roadway shoulders, intersections, bridge structures, and other public rights-of-way identified by MMV PID. Refer to Attachment A for a map of the Service Area.

The predicted snow season for each year is October 1 through April 30 (the “Snow Season”); however, the Contractor shall remain responsible for performing all snow and ice control services required under this RFP regardless of the time of year or when directed by MMV PID.

3.2.1. General Responsibilities

The Contractor shall:

1. Mobilize and demobilize all equipment related to perform the work.

2. Provide sufficient personnel and equipment to maintain roadway accessibility during storm events.

3. Monitor weather forecasts and road conditions twenty-four (24) hours per day during the Snow

Season.

4. Coordinate all operations with the MMV PID.

5. Maintain adequate communication capability for emergency response.

6. Maintain records of all snow and ice control activities.

7. Furnish all salt, brine, fuel, and consumable materials necessary to perform the work.

3.2.2. Anti-Icing Operations

The Contractor shall apply liquid de-icing materials when weather forecasts indicate conditions likely to result in snow accumulation, freezing precipitation, roadway or bridge icing. Application timing, rates, and locations shall be determined by the Contractor based on weather conditions and industry best practices.

3.2.3. Snow Plowing Operations

The Contractor shall initiate snow-removal operations whenever:

1. Snowfall rates are expected to exceed one (1) inch per hour;

2. Snow accumulation creates unsafe road conditions; or

3. Directed by MMV PID.

4. Directed by emergency services.

Roadways shall be plowed as necessary throughout storm events to maintain safe vehicle access and travel. The Contractor shall continue operations until roadway travel lanes, intersections, and designated priority areas have been restored to reasonably safe operating conditions.

3.2.4. Priority of Routes

The priority of routes are identified in Attachment A and may be modified by MMV PID from time to time during the Contract. MMV PID will provide written notice to the Contractor of any changes to a route’s priority.

3.2.5. Snow Storage and Snow Hauling

The Contractor shall utilize roadway snow storage areas where feasible and where such storage does not impede traffic, pedestrian access, or driveway access.

When snow storage is no longer feasible, the Contractor shall transport accumulated snow to an approved disposal location. The Contractor shall identify proposed snow disposal locations in its proposal. MMV PID reserves the right to approve or reject proposed disposal locations.

3.2.6. Emergency Response

The Contractor shall maintain at least one fully operational snowplow equipped with a salter available on an emergency on-call basis. The emergency unit must be capable of arriving within the Service Area within thirty (30) minutes of notification by MMV PID or emergency services.

3.2.7. Reporting Requirements

The Contractor shall submit a written monthly report to MMV PID between the months of October and April of a Snow Season. The report shall summarize all snow and ice control activities performed during the month and shall include the following information for each storm event:

1. Date and time operations commenced;

2. Date and time operations ended;

3. Personnel utilized;

4. Equipment utilized;

5. Quantities of salt, brine, and other ice-control materials applied;

6. Snow loading, hauling, and disposal activities; and

7. Any other information reasonably requested by the MMV PID.

The Contractor shall promptly notify MMV PID of any significant incident, roadway hazard, accident, property damage, personal injury, equipment failure materially affecting operations, or other event that may impact public safety or the Contractor’s ability to perform its services. Such notification shall be made as soon as reasonably practicable, but no later than forty-eight (48) hours after the Contractor becomes aware of the incident.

3.3. Bonding Requirements

The Contractor shall provide the following surety bonds from a company or companies holding a certificate of authority to write surety bonds in the State of Utah:

1. A performance bond in the amount of Twenty-Five Thousand Dollars ($25,000).

2. A payment bond in the amount of Twenty-Five Thousand Dollars ($25,000).

The Contractor must provide the fully executed Performance and Payment bonds to the MMV PID prior to the execution of the contract.

Section 4: Proposal Requirements

A Proposer must submit two (2) separate files as part of its proposal: a technical proposal and a cost proposal. The requirements for the technical proposal are outlined in Section 4.1., and the requirements for the cost proposal can be found in Section 4.2.

4.1. Technical Proposal Requirements

The Proposer shall provide the information below as part of its technical proposal. The Proposer is prohibited from providing any cost information or data in this part of the proposal.

1. Executive Summary

a. Company overview, primary contact information, and a summary of qualification.

2. Project Approach

a. Description of how the site will be monitored to determine the need for snow removal services.

b. Description of the planned approach for snow removal activities. Include the identification of a dump site(s) for hauled snow and materials.

c. Description of dispatch and operation of emergency snowplow services.

d. Description of tracking, documentation, and communication with MMV PID maintenance manager of snow removal activities.

e. List the staging requirements and locations for equipment used to remove snow from the public right-of-way.

f. List the staging requirements and locations for material storage (e.g., fuel, brine, salt).

3. Equipment and Resources

a. List and provide specifications of major equipment and materials to be provided and used by the Proposer for snow removal services.

4. Experience and References

a. List at least two (2) examples of similar snow removal services completed in the last two (2) years. Provide detailed descriptions of prior similar snow removal services. Include the location, size of area, and client contact information.

5. Safety and Compliance

a. Current Experience Modification Rate (“EMR”) and safety record.

b. Site-specific health and safety plan (“SSSP”) overview.

c. Proof of insurance, licensure, and bonding capacity

4.2. Cost Proposal Requirements

The Proposer must submit a separate cost proposal that provides a fee for each year of the potential four (4) year contract term. The Cost Proposal must include pricing for:

1. Year 1 (2026-2027)

2. Year 2 (2027-2028)

3. Year 3 (2028-2029)

4. Year 4 (2029-2030)

For evaluation purposes, MMV PID will compare the Cost Proposals based on the total contract cost for the entire four (4) year contract term.

The yearly fee shall be fully loaded and inclusive of all labor, equipment, overhead, administrative fees, and any other expenses required to complete the Scope of Work. The total cost includes the costs for the following activities:

1. Mobilization and demobilization;

2. Monitoring weather and roadway conditions;

3. Emergency call-out response for snowplows with salters;

4. Operation of trucks with snow blowers and salters;

5. Loading, hauling, and disposal of snow;

6. Application of de-icing brine and other ice-control materials; and

7. All reporting, documentation, communications, and administrative activities required by the Scope of

Work.

4.2.1. Firm Pricing and Negotiation

Pricing provided in the Cost Proposal shall be considered firm and fixed. By submitting a proposal, the Proposer agrees that their proposed pricing shall remain valid throughout the evaluation period and until a contract is fully executed. In the event that the MMV PID elects to negotiate with a Proposer as permitted in Section 7.4., the Proposer agrees that the pricing submitted for year one (1) in the original proposal shall serve as a ceiling for all costs for year one(1) and may not be increased during the negotiation process unless the MMV PID requests a material change to the Scope of Work that warrants a price adjustment.

Section 5: Solicitation Period and Submission Instructions

5.1. Question and Answer Period

All questions regarding this solicitation must be submitted through the Utah Public Procurement Place (“U3P”) before July 17, 2026, at 5:00 pm (MDT). Questions submitted using alternative means will not be answered.

Responses to questions will be posted to the solicitation page on U3P. It is the responsibility of Proposers to regularly check the U3P website for answered questions.

5.2. Addenda

The MMV PID may issue addenda to this RFP to clarify requirements, provide additional information, or modify the RFP. Addenda will be posted on the U3P website. It is the sole responsibility of a Proposer to regularly monitor the U3P website for any addenda.

5.3. Proposal Submission Instructions

All proposals must be submitted electronically via the Utah Public Procurement Place (“U3P”) before July 27, 2026, at 5:00 pm (MDT). Any proposal received after such time will be deemed non-responsive. It is the sole responsibility of the Proposer to ensure that its proposal is submitted to and received by U3P by the deadline specified above.

Proposers must submit two (2) separate electronic files for each proposal: one technical proposal file and one cost proposal file.

For instructions on how to submit a proposal, please visit the U3P help center here:

https://purchasing.utah.gov/training/for-vendors-training/.

Section 6: Evaluation, Scoring, and Award

6.1. Evaluation Criteria

The evaluation committee will evaluate proposals using the following weighted criteria:

Evaluation Criterion Weight Max. Points Possible

Project Approach 35% 175

Equipment and Resources 20% 100

Experience and References 20% 100

Safety and Compliance 5% 25

Cost 20% 100

6.2. Technical Proposal Scoring

Each evaluator will assign a score from zero (0) to five (5) for each technical criterion:

● 5 = Excellent. The proposal addresses and exceeds all the requirements and criteria.

● 4 = Good. The proposal addresses all requirements and criteria and, in some respects, exceeds them.

● 3 = Satisfactory. The proposal addresses all requirements and criteria in a minimum satisfactory manner.

https://purchasing.utah.gov/training/for-vendors-training/

● 2 = Unsatisfactory. The proposal addresses the requirements and criteria in an unsatisfactory manner.

● 1 = Poor. The proposal inadequately addresses the requirements and criteria or cannot be assessed due to incomplete information.

● 0 = Fail. The proposal fails to address the requirements and criteria or cannot be assessed due to missing information.

The evaluators’ scores will be averaged to produce a single average score for each criterion. That average score will then be divided by the highest possible score and then multiplied by the number of possible points, like so:

Points Awarded = (Average Weighted Score / Highest Possible Score) x Possible Points

6.3. Cost Proposal Scoring

Cost proposals will be evaluated based on the estimated total contract cost. Cost points will be awarded based on the following formula:

Cost Score = Maximum Cost Points x (Lowest Proposed Cost / Proposer’s Proposed Cost)

MMV PID reserves the right to conduct a cost realism analysis and to adjust a Proposer’s score or deem a proposal non-compliant based on its findings.

6.4. Award and Notice

MMV PID intends to award a contract resulting from this RFP to the highest scoring responsive and responsible Proposer meeting the stated RFP requirements.

If a Proposer is awarded for a contract, the notice of award will be posted on U3P, and the selected Proposer will be contacted directly to begin the contracting and negotiation process. Proposers may also request a copy of the notice of award by emailing Derek Brenchley at dbrenchley@midaut.org.

Section 7: Other Information

7.1. Cost of Proposals

MMV PID is not liable for any costs incurred by Proposers in the preparation, presentation, or negotiation of proposals submitted in response to this RFP. All such costs shall be borne by the respective Proposer.

7.2. Protest Procedures

Any actual Proposer who is aggrieved in connection with the solicitation or award of a contract under this RFP may file a protest by submitting a written protest via email to Derek Brenchley at dbrenchley@midaut.org. The written protest must include the following:

● The protesting party’s name, mailing address, daytime telephone number, the signature of the protesting party or their attorney, and the date the protest is signed.

● A statement of relief sought, a statement of facts, and a recitation of reasons and legal authority in support of the protest sufficient to allow for an appropriate review.

The protest must be submitted prior to the proposal’s due date, unless the protestor was unaware of the facts giving rise to the protest. In such cases, the protest must be submitted within five (5) business days of the notice of award being posted on U3P.

The Purchasing Agent will review the protest and issue a written determination. This determination shall be considered final.

7.3. Reservation of Rights

MMV PID reserves the right, among other things to:

1. Reject any or all proposals;

2. Award all or part of the work described in this RFP;

3. Waive irregularities or informalities;

4. Request clarification of a proposal;

5. Contact provided references;

6. Terminate the RFP process at any time;

7. Select an Proposer based solely on written submissions;

8. Re-advertise the RFP;

9. Modify the RFP with written notice;

10. Negotiate with an Proposer prior to a final award;

11. Contact the references provided in proposals to verify the quality and types of services provided by the

Proposer;

12. Contract with multiple Proposers; and

13. Accept any proposal or proposals deemed to be in the best interests of the MMV PID.

7.4. Examination of Proposal Documents

The submission of a proposal shall constitute an acknowledgement upon which the MMV PID may rely that the Proposer has thoroughly examined and is familiar with the RFP and has reviewed all applicable statutes, regulations, and ordinances related to the services to be provided. Failure or neglect to examine such documents, legal requirements or standards shall not relieve the Proposer of its obligations. No modification of the Proposer’s obligations will be permitted based on a lack of knowledge or misunderstanding of this RFP or applicable requirements.

7.5. Written Agreement Required and Proposed Alterations

The selected Proposer(s) must be willing to enter into a written agreement with the MMV PID and agree to all terms and conditions set forth in this RFP, including Attachment B: Terms and Conditions.

If a Proposer wishes to request alterations to the RFP or the Standard Terms and Conditions, the alterations must be specifically identified in the proposal with reasonable alternatives presented. Any such exceptions must be submitted as a separate document and labeled “Requested Alterations.” Proposers are advised of the following:

1. Only those alterations identified in the “Requested Alterations” document will be available for discussion or negotiation.

2. MMV PID may reject a proposal as non-responsive if the Proposer submits a large number of exceptions or exceptions that are in fundamental conflict with the requirements of the RFP.

3. MMV PID is not bound by the terms of the RFP or any proposal until a written agreement is fully executed.

Any activity taken on by the Proposer prior to full execution is done at the Proposer’s sole risk and cost.

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Attachment A: Map of Service Area

Attachment B: Terms and Conditions

1. DEFINITIONS: The following terms shall have the meanings set forth below:

a. “Confidential Information” means information that is deemed as confidential under applicable state and federal laws, including personal information. MMV PID reserves the right to identify, during and after this Contract, additional reasonable types of categories of information that must be kept confidential under federal and state laws.

b. “Contractor” means the individual or entity delivering the services identified in this Contract. The term “Contractor” shall include Contractor’s agents, officers, employees, subcontractors, and partners.

c. “MMV PID” means the MIDA Mountain Village Public Infrastructure District and its parent organization, the Military Installation Development Authority (“MIDA”).

d. “Subcontractors” means a person under contract with a contractor or another subcontractor to provide services or labor for design or construction, including a trade contractor or specialty contractor.

2. GOVERNING LAW AND VENUE: This Contract shall be governed by the laws, rules, and regulations of the State of

Utah. Any action or proceeding arising from this Contract shall be brought in a court of competent jurisdiction in the State of Utah. Unless otherwise required by Utah statute, the venue shall be the Fourth Judicial District Court.

3. LAWS AND REGULATIONS: At all times during this Contract, Contractor and all services delivered and/or performed under this Contract will comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements.

4. RECORDS ADMINISTRATION: Contractor shall maintain or supervise the maintenance of all records necessary to properly account for Contractor’s performance and the payments made by MMV PID to Contractor under this Contract. These records shall be retained by Contractor for at least six (6) years after final payment, or until all audits initiated within the six (6) years have been completed, whichever is later. Contractor agrees to allow, at no additional cost, federal or state auditors, MMV PID staff, or their designees, access to all such records during normal business hours and to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of MMV PID to audit records and interview staff in any subcontract related to performance of this Contract.

5. PERMITS: If necessary, Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of this Contract.

6. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: The Status Verification System, also referred to as “E-verify”, only applies to contracts issued through a Request for Proposal process, to sole sources that are included within a Request for Proposal, and when Contractor employs any personnel in Utah.

a. Contractor certifies as to its own entity, under penalty of perjury, that Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of Contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws.

b. Contractor shall require that each of its Subcontractors certify by affidavit, as to their own entity, under penalty of perjury, that each Subcontractor has registered and is participating in the Status Verification System to verify the work eligibility status of Subcontractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws.

c. Contractor’s failure to comply with this section will be considered a material breach of this Contract.

7. INDEMNITY: Contractor shall be fully liable for the actions of its agents, employees, officers, partners, and

Subcontractors, and shall fully indemnify, defend, and save harmless MMV PID from all claims, losses, suits, actions, damages, and costs of every name and description arising out of Contractor’s performance of this Contract to the extent caused by any intentional wrongful act or negligence of Contractor, its agents, employees, officers, partners, or Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss, or damage arising hereunder solely due to the fault of MMV PID.

8. EMPLOYMENT PRACTICES: Contractor agrees to abide by the following federal and state employment laws, including: (i) Title VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e), which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services on the basis of race, religion, color, sex, or national origin; (ii) Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; (iii) 45 CFR 90, which prohibits discrimination on the basis of age; (iv) Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disabilities; and

(v) the Utah Antidiscrimination Act, Title 34A, Chapter 5, Utah Code Annotated. Contractor further agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contractor’s employees.

9. DEBARMENT: Contractor certifies that it is not presently nor has ever been debarred, suspended, proposed for debarment, or declared ineligible by any governmental department or agency, whether international, national, state, or local. Contractor must notify MMV PID within thirty (30) days if debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contract by any governmental entity during this Contract.

10. TERMINATION: This Contract may be terminated, with cause by either party, in advance of the specified expiration date, upon written notice given by the other party. The party in violation will be given ten (10) calendar days after delivery of written notification to correct and cease the violations, after which this Contract may be terminated for cause immediately and subject to the remedies below. This Contract may also be terminated without cause (for convenience), in advance of the specified expiration date, by MMV PID, upon thirty (30) days written termination notice being given to the Contractor. MMV PID and the Contractor may terminate this Contract, in whole or in part, at any time, by mutual agreement in writing.

On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved and conforming Procurement Items ordered prior to date of termination. In no event shall MMV PID be liable to the Contractor for compensation for any Good neither requested nor accepted by MMV PID. In no event shall MMV PID’s exercise of its right to terminate this Contract for convenience relieve the Contractor of any liability to MMV PID for any damages or claims arising under this Contract.

11. CONTRACTOR’S INSURANCE RESPONSIBILITY. The Contractor shall maintain the following insurance coverage:

a. Workers’ compensation insurance during the term of this Contract for all its employees and any Subcontractor employees related to this Contract. Workers’ compensation insurance shall cover full liability under the workers’ compensation laws of the State of Utah

b. Commercial general liability (“CGL”) insurance from an insurance company authorized to do business in the State of Utah. The limits of the CGL insurance policy will be no less than one million dollars ($1,000,000.00) per person per occurrence and two million dollars ($2,000,000.00) aggregate.

c. Commercial automobile liability (“CAL”) insurance from an insurance company authorized to do business in the State of Utah. The CAL insurance policy must cover bodily injury and property damage liability and be applicable to all vehicles used in your performance of Services under this Agreement whether owned, non-owned, leased, or hired. The minimum liability limit must be one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate.

Certificate of Insurance, showing up-to-date coverage, shall be on file with MMV PID before the Contract may commence. The MMV PID shall be named as an additional insured on the CGL and Cal insurance policies.

MMV PID reserves the right to require higher or lower insurance limits where warranted. Failure to provide proof of insurance as required will be deemed a material breach of this Contract. Contractor’s failure to maintain this insurance requirement for the term of this Contract will be grounds for immediate termination of this Contract.

12. ASSIGNMENT: Contractor may not assign, sell, transfer, subcontract or sublet rights, or delegate any right or obligation under this Contract, in whole or in part, without the prior written approval of MMV PID.

13. DEFAULT and REMEDIES: Any of the following events will constitute cause for MMV PID to declare Contractor in default of this Contract: (i) Contractor’s non-performance of its contractual requirements and obligations under this Contract; or (ii) Contractor’s material breach of any term or condition of this Contract. MMV PID may issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains after Contractor has been provided the opportunity to cure, MMV PID may do one or more of the following: (i) exercise any remedy provided by law or equity; (ii) terminate this Contract; (iii) impose liquidated damages, if liquidated damages are listed in this Contract; (iv) debar/suspend Contractor from receiving future contracts from MMV PID.

14. CONFIDENTIALITY: If Confidential Information is disclosed to Contractor, Contractor shall: (i) advise its agents, officers, employees, partners, and Subcontractors of the obligations set forth in this Contract; (ii) keep all Confidential Information strictly confidential; and (iii) not disclose any Confidential Information received by it to any third parties. Contractor will promptly notify MMV PID of any potential or actual misuse or misappropriation of Confidential Information.

Contractor shall be responsible for any breach of this duty of confidentiality, including any required remedies and/or notifications under applicable law. Contractor shall indemnify, hold harmless, and defend MMV PID, including anyone for whom MMV PID is liable, from claims related to a breach of this duty of confidentiality, including any notification requirements, by Contractor or anyone for whom the Contractor is liable.

Upon termination or expiration of this Contract, Contractor will return all copies of Confidential Information to MMV PID or certify, in writing, that the Confidential Information has been destroyed. This duty of confidentiality shall be ongoing and survive the termination or expiration of this Contract.

15. WAIVER: A waiver of any right, power, or privilege shall not be construed as a waiver of any subsequent right, power, or privilege.

16. SUSPENSION OF WORK: Should circumstances arise which would cause MMV PID to suspend Contractor’s responsibilities under this Contract, but not terminate this Contract, this will be done by formal written notice pursuant to the terms of this Contract. Contractor’s responsibilities may be reinstated upon advance formal written notice from MMV PID.

17. CHANGES IN SCOPE: Any changes in the scope of the services to be performed under this Contract shall be in the form of a written amendment to this Contract, mutually agreed to and signed by both parties, specifying any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the changes in the scope of services.

18. PROCUREMENT ETHICS: Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to MMV PID is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of MMV PID, or to any person in any official capacity who participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization.

19. SEVERABILITY: The invalidity or unenforceability of any provision, term, or condition of this Contract shall not affect the validity or enforceability of any other provision, term, or condition of this Contract, which shall remain in full force and effect.

END OF DOCUMENT

3.3. Bonding Requirements